Index/Topics/Nixon v. Fitzgerald

Nixon v. Fitzgerald

A court case that established the rule of absolute immunity for presidents from damages liability predicated on their official acts.

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8 results
Jan 18, 2026
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How have courts ruled on presidential immunity for criminal prosecution since 2023 and what precedent did the Supreme Court set?

The federal courts initially rejected a sweeping claim that a former President is categorically immune from criminal prosecution, with a December 2023 D.C. Circuit decision and an earlier district-cou...

Jan 24, 2026
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Can a sitting US president be sued in federal court, and what are the implications?

president can be sued in federal court for unofficial or private conduct, but is afforded broad immunity for official acts; the contours of criminal prosecution while in office remain unresolved and h...

Jan 27, 2026

How do legal immunity and presidential privileges affect lawsuits filed against sitting and former presidents?

and related privileges shape which lawsuits can proceed, which acts are insulated, and how courts balance separation-of-powers concerns against accountability; the law gives absolute civil immunity fo...

Jan 25, 2026

What precedent exists for holding former presidents criminally or civilly accountable for constitutional breaches?

A patchwork of judicial rulings, scholarly arguments, and memoranda has shaped the narrow and contested precedents for holding former presidents criminally or civilly accountable: long recognized abso...

Jan 22, 2026

How have courts ruled historically on disputes over seized presidential records and executive privilege?

Courts have consistently refused to treat as absolute, applying a balancing test that weighs confidentiality against the needs of the justice system or and often ordering disclosure when a sufficient ...

Jan 19, 2026

What are the potential paths for collecting large civil judgments against a sitting president or former president?

Four legal tracks can produce enforceable civil money judgments against a sitting or former president: private civil suits in federal or state court where immunity does not apply, criminal restitution...

Jan 15, 2026

What precedents govern presidential immunity in civil suits for statements made while in office?

The Supreme Court’s civil-law precedents center on a binary: absolute immunity for official acts touching the “outer perimeter” of presidential duties, and no special immunity for unofficial or pre‑pr...

Jan 10, 2026

What are notable Supreme Court cases building on Bivens doctrine?

The Supreme Court created the Bivens cause of action in Bivens v. Six Unknown Named Agents , then extended it only twice in the 1970s before sharply curtailing its reach in the 21st century; recent de...